RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  23 August 2007
	DOCKET NUMBER:  AR20070004019 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Mr. John T. Meixell

Member

Mr. Richard T. Dunbar

Member

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in Vietnam and to show that he was awarded the Combat Infantryman Badge. 
He also requests in effect, award of the Purple Heart.

2.  The applicant states, in effect, that he served in Vietnam with Company B, 2nd Battalion, 505th Infantry Regiment, 3rd Brigade, 82nd Airborne Division, from 14 February 1968 to on or about 31 March or 1 April 1968, after being wounded.

3.  The applicant provides a copy of orders awarding him the Combat Infantryman Badge and a copy of his DD Form 214 in support of his request.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted on 17 January 1967.  The applicant successfully completed basic combat training at Fort Leonard Wood, Missouri, and advanced individual training at Fort Gordon, Georgia.  On completion of his advanced training, he was awarded the military occupational specialty (MOS), 11C, Infantry Indirect Fire Crewman.

3.  The applicant served in Vietnam from 14 February 1968 to 31 March 1968, the date he was reassigned from Company B, 2nd Battalion, 505th Infantry Regiment, to Headquarters and Headquarters Company (HHC), 1st Battalion, 504th Infantry Regiment.  On this date, he was authorized 30 days leave to be effective the same date.


4.  The applicant was promoted to Specialist Four (SP4)/E-4 effective 14 December 1967.  He continued to serve until he was honorably released from active duty on 16 January 1969.  He was transferred to the U.S. Army Reserve (USAR).  He was honorably discharged on 1 January 1973.

5.  The applicant’s DD Form 214 shows he was awarded the National Defense Service Medal and the Parachutist Badge.  His DD Form 214 does not show any additional awards.

6.  Item 31 (Foreign Service), of his DA Form 20 (Enlisted Qualification Record), shows that the applicant served in Vietnam from 14 February 1968 to 28 March 1968, for 1 month (sic 1 month and 15 days).  A line is drawn through this entry.

7.  Item 22c (Foreign and/or Sea Service), of his DD Form 214, shows the entry "0 0 0."

8.  The applicant provided a copy of Headquarters, 3rd Brigade, 82nd Airborne Division, Special Orders Number 34, dated 12 April 1968, which awarded him the Combat Infantryman Badge.

9.  Item 38 (Record of Assignments), of his DA Form 20, shows that the applicant was assigned to Company B, 2nd Battalion, (Airborne), 505th Infantry Regiment effective 14 February 1968 and was assigned to HHC, 1st Battalion (Airborne), 504th Infantry Regiment effective 10 April 1968.

10.  His DA Form 20 does not show an entry in item 40 (Wounds) and does not show the Purple Heart as an entry in item 41 (Awards and Decorations). 

11.  The applicant's name does not appear on the Vietnam Casualty List for a wound received as a result of hostile action. 

12.  The applicant's medical records are unavailable for review.

13.  Item 38 (Record of Assignments), of his DA Form 20, shows the entry "EXC" (Excellent) for his conduct and efficiency.  There is no evidence of derogatory information contained in the available records.  There is no evidence the applicant was subjected to non-judicial punishment or courts-martial.  There is also no evidence that his commanders took action to deny him award of the Army Good Conduct Medal.



14.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  This regulation also provides that there is no statute of limitations on requests for award of the Purple Heart.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Vietnam Service Medal.  This medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service included attachment to or assignment for 1 or more days with an organization participating in or directly supporting military operations.

17.  The applicant’s DD Form 214 shows entitlement to the Vietnam Service Medal; however, it does not show the one bronze service star to which he is entitled for his campaign participation.  Army Regulation 600-8-22 provides that a bronze service star is authorized for the Vietnam Service Medal for participation
in each campaign.

18.  Department of the Army Pamphlet 672-3 shows that the applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, by Department of the Army General Orders (DAGO) Number 8, dated 1974, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, by DAGO Number 48, dated 1971, while he was assigned to the unit.  These unit awards are not shown on the applicant's DD Form 214. 

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant served in Vietnam from 14 February 1968 to 31 March 1968, which equated to 1 month and 18 days.  Therefore, he is entitled to correction of item 22c (Foreign and/or Sea Service), of his DD Form 214, to show the entry "0 1 18" (1 month and 18 days) and correction of item 30 to show the entry "Vietnam 14 February 1968 to 31 March 1968." 
2.  The evidence of records shows that the applicant was awarded the Combat Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

3.  The applicant alleges that he departed Vietnam on or about 31 March 1968 or 1 April 1968 after being wounded.  However, there is no evidence, and he has provided none, to support his allegation.  There are no orders awarding the applicant the Purple Heart, he is not listed on the Vietnam Casualty List, and there are no medical records available to show that he was treated for a wound that he might have received as a result of hostile action.  Therefore, he is not entitled to correction of his records to show the award of the Purple Heart.

4.  The applicant is entitled to the first award of the Good Conduct Medal based on completion of qualifying service from 17 January 1967 to 16 January 1969 ending with termination of a period of Federal military service.

5.  The evidence shows that the applicant served in Vietnam from 14 February 1968 to 28 March 1968 and met the criteria for award of the Vietnam Service Medal.  However, this award was not shown on his DD Form 214.  He participated in one campaign.  He is therefore entitled to award of the Vietnam Service Medal, with one bronze service star, and to have this award shown on his DD Form 214.

6.  The applicant's unit was cited for award of the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, at the time he was a member of the unit.  He is, therefore entitled to correction of his records to show these unit awards

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___e____  ___J____  ___RTD_  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION





BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected:

	a.  by showing the entry "0 1 18" in item 22c, of his DD Form 214;

	b.  by showing the entry "Vietnam 14 February 1968 to 31 March 1968" in item 30 (Remarks), of his DD Form 214; 

	c.  by adding the already-awarded Combat Infantryman Badge, to his DD Form 214; and

	d.  by awarding the individual the Good Conduct Medal, for the period 17 January 1967 to 16 January 1969; the Vietnam Service Medal, with one bronze service star; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding these awards to his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to award of the Purple Heart to the applicant.  




_____Lester Echols________
          CHAIRPERSON




INDEX

CASE ID
AR20070004019
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070823
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19690116
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.